CompFox AI Summary
The defendant, Bimbo Bakeries USA, sought reconsideration of an award increasing permanent disability payments by 15%, arguing they were entitled to a 15% decrease. This was based on their claim of offering the injured employee, Francis Lara, regular work. However, the Workers' Compensation Appeals Board denied the petition because the defendant's offer of work was fatally flawed, being incomplete, unsigned, and not clearly tied to the employee's specific work restrictions at the time. The Board also noted the offer was made before the employee was declared permanent and stationary, further undermining its validity under Labor Code section 4658(d)(3)(A).
Full Decision Text1 Pages
The defendant, Bimbo Bakeries USA, sought reconsideration of an award increasing permanent disability payments by 15%, arguing they were entitled to a 15% decrease. This was based on their claim of offering the injured employee, Francis Lara, regular work. However, the Workers' Compensation Appeals Board denied the petition because the defendant's offer of work was fatally flawed, being incomplete, unsigned, and not clearly tied to the employee's specific work restrictions at the time. The Board also noted the offer was made before the employee was declared permanent and stationary, further undermining its validity under Labor Code section 4658(d)(3)(A).
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